Ijaz-ul-Hassan, J.--Through instant writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Fida Muhammad seeks annulment of Notification dated 19.4.2005, regarding repatriation of the petitioner to his parent department before completion of his three year deputation period. The grievance of the petitioner in essence is that the Notification. in question is based on malafides, violative of principle of natural justice and, therefore, without lawful authority and thus ineffective against the rights of the petitioner.
2. The petitioner is an employee of Federal Government in BPS-18 in the office of Auditor General of Pakistan and was posted as Deputy Director Audit, NWFP prior to 2.12.2004. Respondent No, 1 needed the services of a qualified officer for the post of Manager Finance for community Infrastructure Project (CIP-II) in the Local Government and Rural Development Department and, therefore, sent a formal requisition to Respondent No, 3 vide letter dated 9.9.2004. The petitioner was selected and his services were placed at the disposal of Respondent No, 1 for posting him against the vacant post of Manager Finance (CIP-II) Peshawar. However, before completion of three years the impugned Notification dated 19.4.2005 was issued for the repatriation of the petitioner to his parent department.
3. We have heard Mr. Abdul Latif Afridi, Advocate for the petitioner and Mr. Akhtar Naveed, learned Deputy Advocate General for the State in the light of material on record.
4. The exercise of Constitutional jurisdiction under Article 199 of the Constitution is discretionary and its exercise can be declined where the impugned order appears to have been made for valid reasons.
5. It is well settled principle of law that a writ petition is only competent if the impugned order is either void, without jurisdiction or is nullity in the yes of law. Mere irregularity, if any, on the other hand, in some respect relating to the impugned order, would not suffice to subject the said order to scrutiny in the exercise of Constitutional jurisdiction under Article 199.
7. In view of the above, we find that the impugned Notification has been issued for valid reasons and the petitioner has no bonafide cause of action. The writ petition having been found bereft of substance, is dismissed in limine.